Getting rights back

muse · Feb 23, 2019

Can someone tell me what ‘getting your rights back’ from a publisher actually means? Is it a legal document, an email? Do you need a physical doc?

I signed a two-year contract for my debut novel, which is up soon. My contract states that after the two years I (or the publisher) can renew on a monthly basis. I don’t wish to renew and have sent an email saying as much and requesting my rights back. Problem is, I’ve received no reply and neither have a lot of other authors with the same publisher.

I really want to self-publish my book, but am unsure whether I can do that if the publisher doesn't respond. (Publisher is in the US, while I'm in the UK, in case that matters?)

I know the members here can’t give out legal advice, but any help on what I should do next would be very much appreciated.

Thanks in advance

Marissa D · Feb 23, 2019

Keep trying. You might need to go to the trouble of some kind of registered mail that they have to sign for, but if you want to get rights back, you'll need a document from them stating that all publication rights have been returned to you, or you might run into difficulties when you go to republish it.

muse · Feb 23, 2019

Marissa D said:
Keep trying. You might need to go to the trouble of some kind of registered mail that they have to sign for, but if you want to get rights back, you'll need a document from them stating that all publication rights have been returned to you, or you might run into difficulties when you go to republish it.

I was so hoping someone wouldn't say that. :-(

Can publishers really hold authors to ransom like that, just not reply?

SarahJane · Feb 23, 2019

I had my rights reverted from a crap publisher. They sent a legal document via email, which I had to sign and email back. The document allowed 90 days for the publisher to take down the books from all retailers. It was pretty simple, though I did have to email them later that year when I noticed that a retailer still had the book listed.

If your publisher hasn't replied, you might have to step things up with a lawyer. Best of luck.

lizmonster · Feb 23, 2019

muse said:
I was so hoping someone wouldn't say that. :-(

Can publishers really hold authors to ransom like that, just not reply?

In your shoes I'd buy a little time with a contracts attorney. IANAL, but I'd guess your strategy here will have to do with whether or not they can renew without your assent.

SAWeiner · Feb 23, 2019

lizmonster said:
In your shoes I'd buy a little time with a contracts attorney. IANAL, but I'd guess your strategy here will have to do with whether or not they can renew without your assent.

Muse-

Hi. I see you're in Ireland where the law is a little different than here in the USA where I live. In the USA, it would depend on how exactly the contract is worded. It could be that just giving written notice to the publisher is enough, in which case a certified letter with proof of delivery would suffice. Without seeing the contract and without knowing if Irish law has some weird quirks to it regarding such matters, I'm afraid to tell you anything conclusive though. To be safe, you need to check with an Irish lawyer with experience with publishing contracts.

muse · Feb 25, 2019

Thanks for all the replies.

The wording in the contract is:

[FONT=&quot]This agreement shall commence on the date of signing and shall continue for two years after the last release date for Work. Thereafter, the contract shall renew, month-by-month, unless one party notifies the other of intention to terminate this agreement at least 30 days before date of termination.

The way I read that is as long as I notify the publisher of my intention to terminate (which I have) then the contract is finished. I just wish they'd reply to make everything above board. [/FONT]

Fallen · Feb 25, 2019

With location, it can depend on which venue (state) is stated for Governing Law in your contract. With me, I'm UK with a US publisher, but I had to get a US lawyer from the publisher's legal jurisdiction to help negotiate a rights reversal, this is after speaking to a number of UK lawyers, and a few US ones outside of the governing venue mentioned in my contract. With the US law etc, it differs from state to state, so you have to look in the contract to see which state all legal action will take place if it goes that way. There are some US lawyers outside of the governing venue that will give you advice, but if things do need to get very serious, they'll advise you to get a lawyer from within the governing venue.

Can you see in your contract where they handle legal action? It should be under something like Governing Law: Venue.

Oh (edit), I've just noticed on your website that you're a member of the Society of Authors: are they able to offer legal direction at all?

Muse, I'd certainly go the way of keeping a copy of any letter you send them, then proof of postage and a signature on delivery. I'd also enquire (in a professional manner) about a right's reversal document from them. All that is your first proof that you're exercising correctly your right to cancel the contract. After that, and if they're still not talking, I'd keep an eye out to see if your title is still for sale after the close of the contract on your side. If it is, that's a good place for legal advice because it shows they're potentially still in business and selling your work but ignoring mail that cancels the contract. If they are, then that really is best sorted by a lawyer. On a rights reversal in general, I know I wasn't happy to republish until I held that rights reversal paperwork in my hands.

I hope it all goes well for you! It can be a nightmare at times.

mrsmig · Feb 25, 2019

I went through this with my publisher (U.S. based) recently and had to give 90-day notice under the terms of my contract. Because the publisher was so inept, my agency created an agreement for her to sign outlining the terms of the reversion (based on both the contract and emails conversations with her), then followed up with a reversion letter they sent by certified mail. She signed and returned it.

You'll also need to follow up to make certain your book is removed from vendors like Amazon. Taking down your ebook version should be easy for your publisher; taking down paperbacks takes longer because the physical books may be warehoused in multiple locations and the vendor may have purchased them without the ability to return unsold books. My rights reverted in early December 2018; my paperbacks are still available from Amazon, albeit in limited numbers.

I'm assuming you aren't agented, so I suggest you begin by following up your request for reversion with a registered letter. In the U.S. we have certified mail, which includes a postcard which is returned to the sender upon delivery of the letter, as verification of delivery. For an extra fee, you can require a signature from the recipient. If you've got a similar service in Ireland, I suggest you use it.

Be polite but determined. If that doesn't get you results, then it may be time to consult a lawyer.

Hang in there.

muse · Feb 26, 2019

Fallen said:
With location, it can depend on which venue (state) is stated for Governing Law in your contract. With me, I'm UK with a US publisher, but I had to get a US lawyer from the publisher's legal jurisdiction to help negotiate a rights reversal, this is after speaking to a number of UK lawyers, and a few US ones outside of the governing venue mentioned in my contract. With the US law etc, it differs from state to state, so you have to look in the contract to see which state all legal action will take place if it goes that way. There are some US lawyers outside of the governing venue that will give you advice, but if things do need to get very serious, they'll advise you to get a lawyer from within the governing venue.

Can you see in your contract where they handle legal action? It should be under something like Governing Law: Venue.

Legal action is handled under the laws of Massachusetts.

Fallen said:
Oh (edit), I've just noticed on your website that you're a member of the Society of Authors: are they able to offer legal direction at all?

D'oh! I never thought of getting in touch with the SoA. Thanks for the reminder, Fallen.

Fallen said:
Muse, I'd certainly go the way of keeping a copy of any letter you send them, then proof of postage and a signature on delivery. I'd also enquire (in a professional manner) about a right's reversal document from them. All that is your first proof that you're exercising correctly your right to cancel the contract. After that, and if they're still not talking, I'd keep an eye out to see if your title is still for sale after the close of the contract on your side. If it is, that's a good place for legal advice because it shows they're potentially still in business and selling your work but ignoring mail that cancels the contract. If they are, then that really is best sorted by a lawyer. On a rights reversal in general, I know I wasn't happy to republish until I held that rights reversal paperwork in my hands.

I hope it all goes well for you! It can be a nightmare at times.

Thanks so much for the reply, Fallen. I have already emailed them (twice) regarding getting a rights reversal document. Nothing. And yes, I'm keeping copies of all communications. I've also been in touch with Victoria Strauss from Writers Beware.

muse · Feb 26, 2019

mrsmig said:
I went through this with my publisher (U.S. based) recently and had to give 90-day notice under the terms of my contract. Because the publisher was so inept, my agency created an agreement for her to sign outlining the terms of the reversion (based on both the contract and emails conversations with her), then followed up with a reversion letter they sent by certified mail. She signed and returned it.

You'll also need to follow up to make certain your book is removed from vendors like Amazon. Taking down your ebook version should be easy for your publisher; taking down paperbacks takes longer because the physical books may be warehoused in multiple locations and the vendor may have purchased them without the ability to return unsold books. My rights reverted in early December 2018; my paperbacks are still available from Amazon, albeit in limited numbers.

I'm assuming you aren't agented, so I suggest you begin by following up your request for reversion with a registered letter. In the U.S. we have certified mail, which includes a postcard which is returned to the sender upon delivery of the letter, as verification of delivery. For an extra fee, you can require a signature from the recipient. If you've got a similar service in Ireland, I suggest you use it.

Be polite but determined. If that doesn't get you results, then it may be time to consult a lawyer.

Hang in there.

Thanks for the advice, mrsmig.

I will look into getting a registered letter sent.

Once the 30 days are up can I go ahead and request my book be taken down from the different sites, or do I have to wait on the rights reversion letter?

I really do appreciate all the advice. It's nice to know I'm not alone in all this. Although, I do hate to think that so many authors have had to go through the same thing. :-(

mrsmig · Feb 26, 2019

Muse, if your publisher doesn't take down your books of its own accord, you'll need a reversion letter in hand to prove to Amazon that you do, indeed, own the rights to your own book.

I'm assuming you've read the Writer Beware blog about requesting rights reversion from your publisher...?

muse · Feb 27, 2019

mrsmig said:
Muse, if your publisher doesn't take down your books of its own accord, you'll need a reversion letter in hand to prove to Amazon that you do, indeed, own the rights to your own book.

I'm assuming you've read the Writer Beware blog about requesting rights reversion from your publisher...?

Yes, I've read the Writer Beware blog and copied all the relevant details.

I have my registered letter ready to send tomorrow, and I've also been in touch with the Society of Authors. Guess all I can do now is wait. :Shrug:

muse · Mar 2, 2019

Delighted to say I received the rights back to my book today. :hooray:

Now to wait and see whether the publisher takes the book down from all the different stores.

Thanks again to everyone who commented and kept me company as I struggled with this. I would advise anyone who is going through this, or anything similar, to get in touch with Victoria Strauss, she really is excellent at what she does.

Marissa D · Mar 2, 2019

That's awesome news! Did they give you a date by which they'd take your book down? If they don't meet it, at least you now have the ammo to have it taken down.

Fallen · Mar 4, 2019

muse said:
Delighted to say I received the rights back to my book today.

Now to wait and see whether the publisher takes the book down from all the different stores.

Thanks again to everyone who commented and kept me company as I struggled with this. I would advise anyone who is going through this, or anything similar, to get in touch with Victoria Strauss, she really is excellent at what she does.

Awesome!! Congratuations!! I'm glad you got them back!!

muse · Mar 4, 2019

Marissa D said:
That's awesome news! Did they give you a date by which they'd take your book down? If they don't meet it, at least you now have the ammo to have it taken down.

Hi, Marissa,

This is what the email said:

It may take ebook copies up to a week to stop showing for sale on extended distribution sites. Paper copies that have already been printed or used copies of paper books will continue to show for sale. There is no way to remedy that, since it’s the nature of print publishing.

I figure I'll give it a couple of weeks before I do anything. Just delighted the publisher finally responded. :greenie

Fallen said:
Awesome!! Congratuations!! I'm glad you got them back!!

Thanks, Fallen. Over the moon that at least that fight is done. :e2fight:

Thanks for all the support, guys. It can be scary out there on your own. Love the fact that there are so many awesome writers here that have my back.

Getting rights back

muse

standing on head, typing one-handed...

Marissa D

Scribe of the girls in the basement

muse

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SarahJane

lizmonster

Possibly A Mermaid Queen

SAWeiner

muse

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Fallen

Stood at the coalface

mrsmig

Write. Write. Writey Write Write.

muse

standing on head, typing one-handed...

muse

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mrsmig

Write. Write. Writey Write Write.

muse

standing on head, typing one-handed...

muse

standing on head, typing one-handed...

Marissa D

Scribe of the girls in the basement

Fallen

Stood at the coalface

muse

standing on head, typing one-handed...